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AB 695 Makes Significant Changes to Community College District Design-Build and Facilities Use Law

On October 3, 2019, Governor Gavin Newsom signed into law Assembly Bill 695 (“AB 695”).  AB 695 extends the authorization for community college districts to use design-build by another ten years, until January 1, 2030.  AB 695 also includes a skilled and trained workforce requirement for community college design-build projects, mirroring the existing requirement for […]

DISTRICT’S DENIAL OF CHARTER SCHOOL RENEWAL PETITION IS QUASI-JUDICIAL, “EXTREMELY DEFERENTIAL” COURT REVIEW DOES NOT APPLY

On July 11, 2019, the California Court of Appeal decidedOxford Preparatory Academy v. Chino Valley Unified School District.  The case involved a renewal petition for an existing charter school that was denied by the District.  The San Bernardino County Board of Education declined to consider the Academy’s appeal, and the California State Board of Education […]

New Mandatory Federal Reporting Requirements Under Borrower Defense Rule

On March 15, 2019, following the implementation of the Borrower Defense Rule, the Department of Education issued guidance on the reporting obligations of institutions of higher education. These regulations seek to ensure the fiscal responsibility of both private and public institutions for the purposes of continued financial aid. This Legal Update has been issued to […]

Court Issues Guidance on Requirements for Justifying Level 2 Fees with a School Facilities Needs Analysis

In Tanimura & Antle Fresh Foods, Inc. v. Salinas Union High School District (Apr. 26, 2019) the Sixth District Court of Appeal ruled in favor of the Salinas Union High School District in a case challenging the collection of Level 2 residential fees on an unusual project consisting of a 100-unit agricultural worker housing complex […]

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School Districts Must Seek Confidentiality Agreement When Releasing Pupil Records Pursuant to Court Order or Subpoena

Education Code section 49077 concerning release of pupil information in response to a court order or subpoena has been amended effective January 1, 2019. (AB 2234, Stats. 2018, ch. 996.) Section 49077 previously only required a reasonable effort to notify a pupil and their parent or guardian prior to compliance with the subpoena or court […]

Office Of Public School Construction Adds Submission Requirements For Applications For School Facilities Program Funding

On September 12, 2018 the Office of Public School Construction (OPSC) changed its submission requirements for Applications for Funding (Form SAB 50-04) for the School Facility Program (SFP) New Construction Program. OPSC changed its procedures due to receipt of recent requests for funding that exceed the bond authority for the SFP New Construction Program. Effective […]

Court Of Appeal Upholds Post Layoff Assignments At Long Beach Community College

In Long Beach Council of Classified Employees, Local 6108 v. Long Beach Community College District (Filed 6/19/18), the District laid off 37 classified employees and reduced the work hours for 79 other classified employees in July 2012 due to a significant reduction in state funding by approximately $10 million. The District also laid off faculty […]

Court Of Appeal Ruling Means More Money For School Districts With New Residential Housing Projects

The California Court of Appeal’s recent decision in 1901 First Street Owner v. Tustin Unified School District (Cal.App., 2018 DJDAR 2993) means more money for school districts in developer fees when new residential housing is constructed within a school district.  Interior space outside individual apartment units, such as interior hallways, storage rooms, mechanical rooms, fitness […]

State Allocation Board Increases Residential and Commercial-Industrial School Facility Fees

On January 24, 2018, the State Allocation Board approved substantial increases in residential and commercial-industrial school facility fees (“developer fees”) to $3.79 and $0.61 per square foot, respectively, from the current rates of $3.48 and $0.56, respectively.  School districts may now adopt these higher rates by Board resolution. These fees are “Level 1” fees which […]

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